Legal Question in Workers Comp in California

There is no such 'animal' as a "TBI" work comp, so you won't get any specific answers.

Awards are based on physicians' reports. When a physician writes you have limits on "ACTIVITIES OF DAILY LIVING" he determines your percentage of "WHOLE PERSON IMPAIRMENT"... very few activities of daily living impacted = very low Whole Person Impairment.

The state "Rater" takes the Whole Person Impairment and converts it to a percentage of Permanent Disability. If the WCAB Judge tells the Insurer to pay that amount of Permanent Disability, that's what the insurer pays.

If the insurance doctor writes you have only 3% Whole Person Impairment and the Rater adjusts that for Age and Occupation and claims that the doctor's findings equal 6 Percent Permanent Disability, that's the LOWEST the adjuster should offer for a Stipulations with Request for Award.

Then if the Treating Physician (or the Panel QME) writes there is 25% Whole Person Impairment and the rater adjusts this out to 44% Permanent Disability, THAT's what you should request at trial... HOPE THAT HELPS A LITTLE.